What is a motion in divorce?

April 24, 2017Accel Admin

When a person plans to go through the divorce process, they may not totally understand the legal terminology behind many of the things they may be required to do. This is completely understandable because a lot of people haven’t spent much time in court or with any legal matters. It is important that you have an attorney who can provide you with assistance so you don’t mistakenly miss a step in the process that can ultimately give the other side an advantage.

A motion, very simply put, is a formal proceeding that is filed with the court to get some type of relief. Whether you’re asking the court to award you child support or spousal support, or you’re asking the court to enforce an existing court order or an agreement that you have, or you’re seeking child custody, or to relocate out of the state, it is a pleading that you file asking the court to grant you relief of some sort. When you file a motion, there is a formal process and you have to file it within a certain period of time. It needs to be served to the other side so that they have a chance to respond. The judge will issue an order of some relief, whatever you’re requesting, and they will let you know what their decision is.

If you need help filing a motion, contact an experienced divorce and family law attorney today.

Leslye M. Schlesinger serves Rockland and Westchester County with compassion and integrity. With over 30 years of experience guiding clients through matrimony law, she now focuses on helping clients avoid litigation through alternative dispute resolution, including collaborative divorce and mediation. If you need an effective and committed attorney, contact Leslye M. Schlesinger for a consultation.

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